Employment Laws on the Horizon - 2025 Edition

© Seyfarth Shaw LLP 2025 Employment Laws on the Horizon | 3 Workplace Laws, Regulations, Rules, and Policies – i.e., prohibits discrimination based on a combination of two or more protected classes. (S.B. 1137)  IL (Eff. 1/1/25) – “Family responsibilities” added to the list of protected classes. “Family responsibilities” are an employee’s actual or perceived provision of personal care to a family member. Definitions of “personal care” and “family member” are tied to the Employee Sick Leave Act. (H.B. 2161)  IL (Eff. 1/1/25) – It is unlawful to discriminate against an individual based on their reproductive health decisions. (H.B. 4867)  WA (Eff. 7/1/25) – “Protected class,” in the WA Equal Pay and Opportunities Act, includes a person’s age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability. Also, WA released preliminary rule language that defines “applicant” as an individual, including existing employees, who submit a job application in good faith with the intent of gaining employment. (H.B. 1905; Preproposed Statement; Preliminary Rule; Seyfarth Post RE: Needed Clarity) E-Verify  IL (Eff. 1/1/25) – IL prohibits employers from imposing work authorization verification greater than those required under federal law. If there is a discrepancy in an employee’s E-verify or I-9 information, the employer must provide the employee with known information related to the deficiency (e.g., original notice); instructions on correcting insufficient information or the time frame for contesting the determination; and a notice of certain rights. If a federal or state agency notifies an employer of a work authorization discrepancy, employers have 5 days to provide the worker with a notice containing specified information and may not take an adverse employment action based on that information. Also, employers must display a poster produced by the state in both English and Spanish. FAQs clarify that private employers may choose to use E-Verify. (S.B. 508; Posters; FAQs; Seyfarth Post)  AZ (TBD) – AZ makes it a crime to knowingly provide an employer with false information or document to evade detection of employment eligibility via an E-verify program. (H.C.R. 2060; Proposition 314) Firearms  NH (Eff. 1/1/25) – Employers who receive state or federal funding may not ban employees from storing firearms or ammunition in a locked vehicle. No employer may inquire or search a locked vehicle for firearms or ammunition. (H.B. 1336) Lactation/Nursing Accommodations  New York City, NY (Eff. 5/8/25) – The New York City Council amended its lactation accommodation policy requirement. Employers must (1) distribute the written policy at the commencement of employment; (2) display the policy in the workplace and on its intranet, if one exists; and (3) state that the employer will provide a 30 minute paid break and further allow employees to extend other paid break and meal times to express milk. A model policy is forthcoming. (Int. 08922024)  NH (Eff. 7/1/25) – NH’s lactation accommodations law takes effect, which requires employers with 6 or more employees in NH to have a

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